In
Scots law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
, excambion is the exchange of land. The
deed
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right ...
whereby this is effected is termed "Contract of Excambion".
There is an implied real warranty in this contract, so that if one portion is evicted or taken away on a superior title, the party losing the property is entitled to demand the return of the other given in exchange.
Entail
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise ali ...
ed lands were allowed, under certain limitations and conditions, to be exchanged by the
Entail Improvement Act 1770 (
10 Geo. 3. c. 51), extended by the
Entail Powers Act 1836 (
6 & 7 Will. 4. c. 42), and still more so by the
Entail Amendment Act 1848
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise alien ...
(
11 & 12 Vict. c. 36), s. 5 (1848).
Alternate spellings include "excambie", "excamb", "excambiator" (an exchanger, a broker). The term is derived from
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
"''excambium''" (n. an exchange).
See also
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Tailzie
In Scots law, tailzie () is a feudal concept of the inheritance of immovable property according to an arbitrary course that has been laid out, such as in a document known as a "deed of tailzie". It was codified by the Entail Act 1685.
Tailzie is ...
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Property law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...
Sources and references
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* (entry "excamb")
External links
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Scots law legal terminology
{{Scotland-law-stub